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abduhlyesterday at 9:50 PM1 replyview on HN

This is a bit hyperbolic and the exaggerations really undermine what I think is your broader point (that there is rarely recourse when you're held for short to moderate amounts of time). It is hard for me to believe that someone was held for 16 years on civil contempt without due process or that someone was held for half a year without due process after being deemed dangerous. The reason that is hard for me to believe is that the due process is implicit in the action you describe. Civil contempt is from a judge which implies that you're already in court - that's due process. Someone being labeled "dangerous" implies that a finding was made by a neutral party - that's due process.

Just because you disagree with the outcome doesn't mean that due process wasn't given.


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mothballedyesterday at 9:54 PM

Yeah it's "due process." In civil contempt the judge is a witness and prosecutor in the very "process" they're judging. That's the most perverted form of due process imaginable.

A judge should have to recuse themselves if they are acting as witness to the supposed infraction.

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